When is Denial of Due Process an Abuse of Discretion?


url=’http://legalbearsblog.com/2009/04/when-is-denial-of-due-process-an-abuse-of-discretion/’; When an agency acts in a quasi-judicial capacity, procedural due process requires that the agency give notice and afford an opportunity for a hearing to affected individuals. Douglas County Board of Commissioners v. Public Utilities Commission, 829 P.2d 1303 (Colo. 1992); Feeney v. Colorado Limited Gaming Control Commission, 890 P.2d 173 (Colo. App. 1994). [...]

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April 30th, 2009 by admin 

When Does the Continuing Violation Doctrine Apply to Statute of Limitations?


url=’http://legalbearsblog.com/2009/04/when-does-the-continuing-violation-doctrine-apply-to-statute-of-limitations/’; Contrary to Polk’s contention, the “continuing violation” doctrine is inapplicable to these time-barred acts. Under that doctrine, if a defendant has engaged in a series of unlawful acts over an extended period, a plaintiff may be allowed to obtain relief for a time-barred act by linking it with an act that occurs within the [...]

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April 30th, 2009 by admin 
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